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MILLIKAN v. SIMMONS

No. 598.

93 S.E.2d 59 (1956)

244 N.C. 195

B. Frank MILLIKAN v. Mrs. Tamzin L. SIMMONS.

Supreme Court of North Carolina.

May 23, 1956.

Attorney(s) appearing for the Case

Thomas Turner, Greensboro, for defendant-appellant.

King, Kleemeier & Hagan, Greensboro, for plaintiff-appellee.

HIGGINS, Justice.

The admissions of the parties in their pleadings and in their testimony eliminated issues 1 and 3 from controversy. The defendant having admitted the execution and delivery of the option justified a peremptory instruction to the jury to answer the first issue "yes." Rhodes v. Raxter, 242 N.C. 206, 87 S.E.2d 265; Davis v. Warren, 208 N.C. 174, 179 S.E. 329; Proffitt Mercantile Co...

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